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About James & Wells James & Wells is an internationally recognized, privately owned Australasian firm of patent and trade mark attorneys, intellectual…
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James & Wells | New Zealand | 24 Jan 2023

Small Businesses can Take a Shine to Intellectual Property Rights too

Emily Gradon is a mum of three and founder of Australian swimwear business, Tribe Tropical, which sells unique, award-winning swimwear online. In…
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James & Wells | Australia, New Zealand | 16 Jan 2023

Vodafone and ‘One New Zealand’ … new year, new problem?

In my last article of 2022, I wrote about how trade marks should be ‘distinctive’ - that is, capable of distinguishing one business’s goods or…
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James & Wells | Australia, New Zealand | 18 Nov 2022

Potential pitfalls when proving prior use

Two recent decisions of the Australian Patent Office have illustrated the challenges of relying on prior use in Australian Patent Opposition…
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James & Wells | Australia, New Zealand, United Kingdom | 16 Nov 2022

Social Media Influencer Agreement Checklist

An Influencer is someone who has a following in a distinct niche as a result of his or her authority, knowledge, position, or relationship with his…
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James & Wells | Australia, New Zealand | 28 Oct 2022

Still seeking a Perfect Day: why appeal a successfully opposed patent application?

“Under the circumstances, I see no means by which the applicant could amend the specification to overcome the deficiencies identified…” 1 concluded…
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James & Wells | Australia, New Zealand | 12 Oct 2022

Less can often mean more in the trade mark space

The speed by which brands come to market in the food and beverage industry can create a tendency to cast the net wide but with a short-term view when…
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James & Wells | New Zealand | 12 Sep 2022

“It’s made in New Zealand”… but is it?

Regular readers of this column may recall that in March this year I wrote an article entitled “It’s coming home…the return of NZ’s IP”. The article…
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James & Wells | Australia, New Zealand | 22 Aug 2022

Getting more value out of your IP

While many FMCG businesses are pretty savvy around protecting their Intellectual Property (IP), they often overlook the potential value of it. Good…
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James & Wells | Australia, New Zealand | 8 Jul 2022

A good night for Neurim Pharmaceuticals - Assistant Commissioner Luiten as an agent for controlling the release of an examined patent application

Neurim Pharmaceuticals was unsuccessful in overcoming the examiner’s repeated objections, but its application will be accepted subject to generous…
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James & Wells | Australia, China, New Zealand | 27 Jun 2022

Observations on Chinese trade marks in New Zealand and Australia

With the growth of China as a major world economy and the rise of global Chinese brands, it has become common for Chinese businesses to register…
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